HOUSE  .  .  .  .  .  .  .  .  No. 4992

The Commonwealth of Massachusetts

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HOUSE OF REPRESENTATIVES, August 12, 2024.

The committee on Consumer Protection and Professional Licensure, to whom was referred the petition (accompanied by bill, House, No. 4893) of William M. Straus (by vote of the town) that the town of Fairhaven be authorized to grant one additional license for the sale of all alcoholic beverages to be drunk on the premises in said town, reports recommending that the accompanying bill (House, No. 4992) ought to pass [Local Approval Received].

For the committee,

TACKEY CHAN.

        FILED ON: 7/31/2024

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 4992

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act authorizing the town of Fairhaven to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the town of Fairhaven may grant 1 additional license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to Southcoast Pickleball LLC located at 4 David Drown Boulevard in the town of Fairhaven. The license granted pursuant to this section shall be subject to all of said chapter 138, except said section 17.

(b)  A license granted pursuant to this section shall only be exercised in the dining room of a common victualler or other such public rooms or areas as may be deemed reasonable and appropriate by the licensing authority as certified in writing.

(c) The licensing authority shall not approve the transfer of a license granted pursuant to this section to any other location, but it may grant the license to a new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid.

(d) If a licensee terminates or fails to renew the license granted pursuant to this section or any such license is cancelled, revoked or no longer in use, the license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may, within 3 years of such return, then grant the license to a new applicant at the same location under the same conditions as specified in this section, otherwise such license shall dissolve.

(e)  The license granted pursuant to this section shall be issued within 1 year after the effective date of this act; provided, however, that a license originally granted within that time period may be granted to a new applicant under subsections (c) and (d) thereafter.

SECTION 2. Upon the issuance of the license authorized under section 1 of this act, the licensee shall return physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, its license for the sale of wine and malt beverages to be drunk on the premises under section 12 of chapter 138.

SECTION 3. This act shall take effect upon its passage.